Trial of Texas Eviction Suits by Jury

San Antonio Eviction Lawyer Trey Wilson wrote:

Although somewhat rare, trial by jury is available in all Texas eviction suits.

Texas Rule of Civil Procedure 744 expressly grants either party to an eviction suit the right of trial by jury. To exercise this right, a jury demand must be timely made and a jury fee must be paid. The Rule prescribes the time for making the jury demand as "on or before five days from the date the defendant is served with citation." Once a request is timely made, and the fee paid, a jury is summoned, and eventually selected by the parties using an abbreviated voir dire process.

While I have handled numerous evictions on behalf of Texas landlords, I have never requested a jury trial in an eviction case. This is primarily because I believe that the Justice Court Judges / Justices of the Peace generally possess the wisdom, impartiality and command of the law to promptly and fairly decide FE & D suits. This is especially true in Bexar County, where most of our JPs are licensed attorneys.

Nevertheless, I have tried eviction suits to a jury in those instances where the tenant has demanded a jury trial. Although jurors are generally wise once they hear the facts of the case, my experience is that prospective jurors are frequently tainted by their negative landlord-tenant experiences. In addition, jury trials take significantly longer than bench trials (trial by Judge).

When strategizing for trial in an eviction suit, one should not overlook the right to trial by jury, and the implications of an exercise of that right.